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    <title>2015 (3) TMI 1195 - RAJASTHAN HIGH COURT</title>
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    <description>Penalty under Section 77(8) of the Rajasthan Sales Tax Act was held unsustainable because the search, seizure and survey were not conducted in the presence of two independent witnesses and the procedure in Rule 50 of the Rajasthan Sales Tax Rules was not followed. The record showed no item-wise physical weighing of stock, no proper list of goods, and no disclosed basis for valuing the alleged excess stock. In those circumstances, the adverse inference drawn from the search lost significance, and the concurrent factual findings were treated as non-perverse. The revision therefore failed.</description>
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    <pubDate>Fri, 27 Mar 2015 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=183764</link>
      <description>Penalty under Section 77(8) of the Rajasthan Sales Tax Act was held unsustainable because the search, seizure and survey were not conducted in the presence of two independent witnesses and the procedure in Rule 50 of the Rajasthan Sales Tax Rules was not followed. The record showed no item-wise physical weighing of stock, no proper list of goods, and no disclosed basis for valuing the alleged excess stock. In those circumstances, the adverse inference drawn from the search lost significance, and the concurrent factual findings were treated as non-perverse. The revision therefore failed.</description>
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      <pubDate>Fri, 27 Mar 2015 00:00:00 +0530</pubDate>
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